Terms & Conditions

Last updated: 21st May 2018

The Big Team Challenge website, iOS and Android apps (collectively “Big Team Challenge”) are a commercial product and service operated by Team Challenge Apps Ltd., a company incorporated in Scotland under the Companies Acts with Registered Number SC517746.

This page sets out our Client Terms of Service which you, as a customer and challenge organiser, must accept before registering and using Big Team Challenge.

Definitions

In these Terms of Service we will use certain words in the following way:

The "Service" and "Services" describes the website bigteamchallenge.com and all of its subdomains, the associated iOS and Android apps and any functionality provided by these products.

"Challenge" refers to any exercise challenge that users participate in by using the Service.

"you", "your" and "Account Holder" refers to any company, group or individual who has signed up to use the Service.

"us", "we" and "our" refers to Team Challenge Apps Ltd.

Terms of Service

This agreement applies to the Account Holder as defined above. By visiting our website and using the Service we provide, you understand and agree to accept and adhere to the terms and conditions below (our "Terms of Service") as well as our Privacy Policy.

A breach of any term in this agreement, as determined by us, may result in an immediate termination of your account without notice.

Pricing and Payments

The licence fee rates are based on a base fee and a per-user fee. These rates are posted on our website and we may vary these from time to time. Prices are quoted in UK pounds sterling and exclude VAT, which is also payable. Prices are also available in euros and US dollars.

Our standard licence fee payment terms define the base fee as payable in advance of publishing a Challenge, with the calculated per-user fee due on the Challenge start date and Challenge end date. All invoices are due on receipt and the licence fee is non refundable.

For manually invoiced accounts, payment is due within 14 days (or as otherwise agreed) and the base fee must be paid before the Challenge is published.

We shall be under no obligation to provide or continue to provide the Service if the licence fee (plus applicable VAT) is not paid, or if payment is delayed. If an outstanding invoice becomes overdue, we reserve the right to suspend your access to the Service until the balance is paid. We also reserve the right to terminate your account permanently if the balance remains unpaid.

When you run a Challenge using Big Team Challenge, you pay a licence fee to use the Service. In return, we hereby grant you a subscription to use the Service. You acknowledge that this subscription and licence is non-transferable and non-exclusive, which means we may grant licences to other people, some of whom may be your direct competitors.

Public bodies and charities may be eligible for a discount. This discount is agreed on a case by case basis. Discounts may or may not apply for additional Challenges purchased by the Account Holder. We may adjust the terms or amount of any discount for future Challenges, unless an agreement has already been made between us and the Account Holder which precludes this.

Refunds and Cancellations

As a general rule, we do not offer refunds for payments that have already been made. Refunds will be considered in exceptional circumstances, and at our discretion; please contact us in this instance.

You may cancel your Account any any time by emailing us. Upon termination, Team Challenge Apps will cease providing you with the Services and you will no longer be able to access your Account. If you had an active Challenge, this will be cancelled and deleted. Any outstanding balance owed to Team Challenge Apps for your use of the Services will become due and payable in full, and unless otherwise agreed, you will not be entitled to any refund of any balance paid in advance.

Account Holder's Obligations

The Account Holder must be 18 years or older to sign up to use the Service.

To sign up and use the Service, the Account Holder must register for a Big Team Challenge account and must provide their full name, company information, a valid email address and any other information indicated as required accurately. Team Challenge Apps may reject approving a signup, or cancel an account.

It's the Account Holder's responsibility to ensure that all information entered by the Account Holder when using the Service, or when communicating with us, is accurate to the best of their knowledge.

The individual signing up for the Service will be the contracting party ("Account Holder"). If you are signing up for the Service on behalf of your employer, you warrant to represent and have the authority to bind your employer to this agreement in its entirety.

You are responsible for ensuring your login information and password is kept secure. We will not be responsible for any loss or damage incurred through unauthorised logins.

You are responsible for your own content and will need to check that you have rights to upload any photos or images to the Service. We are not responsible for content added by users.

It's up to the Account Holder to ensure participants are informed about the Challenge and are given enough notice to register and organise their teams before the Challenge begins.

We offer technical support for the Account Holder and registered users through email only. Any non-technical support, for example Challenge queries, are the responsibility of the Account Holder.

We provide a secure Service, and offer passcode entry to the Challenge to prevent registration from unauthorised users. No system is perfectly secure though and the distribution of passcodes is outside of our control, so we cannot entirely prevent third parties from joining a Challenge.

Data

Under Data Protection Legislation, the Data Controller is responsible for determining the purpose and means of processing personal data. You are the Data Controller for all information entered on your Challenge account and you agree to comply with your obligations pursuant to Data Protection Legislation, including responsibility to ensure legal basis for collecting, processing and transfer of Personal Data. For the avoidance of doubt, Data Protection Legislation relates to General Data Protection Regulation 2016/679 of the European Parliament, concerning the protection of natural persons with regards to the processing of personal data and on the free movement of such data.

In order to facilitate the Challenge we store various pieces of information about Challenge participants; this includes email addresses, names, profile pictures and other profile information. For more details about how we store and use personal information, please see our privacy policy.

This information, along with certain information on previous Challenges, user accounts, and teams, will usually be retained in order to make setup for future Challenges more straightforward. In the event that the Account Holder deletes their administrative account on bigteamchallenge.com, this data will be marked for deletion. The data is stored within the UK and the EU on web servers and backup storage provided by Digital Ocean and Amazon Web Services. We may retain data in the form of a backup for a period of time after the Account Holder's account is deactivated, but will delete all copies of data on written request in adherence with privacy legislation.

We reserve the right to remove any information which we consider to be unlawful, offensive, threatening, libellous, defamatory, pornographic or otherwise objectionable. We also reserve the right to remove any information which violates the intellectual property of a third party. We reserve the right to remove the account of the offending user or team without notice.

We may disclose any and all information about your use of our Service following a legal court order or warrant. We collect and store information related to your use of the Service. You agree that we may use this information for our general purposes and may disclose the information to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you personally.

Intellectual Property

The Service and its original content, features and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Attempting to copy, duplicate, reproduce, sell, trade or re-sell any part of the Service is prohibited and we may take legal action against any breach of our intellectual property.

All content and materials available on our Service are the the intellectual property of Team Challenge Apps Ltd., or are used in good faith under licence or owner permission. If you believe we are in breach of intellectual property, you must contact us and request that the content be removed from the Service, providing evidence of ownership and appropriate licences. We will not be liable for any loss, damage or legal fees where the content or materials were uploaded by our users, or where we used the content or materials in good faith or based on a commercial or non-commercial licence, for example creative commons.

Liability Waiver

You use the Service entirely at your own risk. Team Challenge Apps Ltd. does not accept liability for any loss, damage or injury that might arise as a result of, or in connection with, your use of the Service, apart from in instances where it would be illegal for us to exclude liability. In cases where our ability to exclude liability is limited by law, we exclude all liability which we are legally entitled to do so, including financial responsibility for damages incurred.

You agree to indemnify and hold harmless Team Challenge Apps Ltd., our contractors, licensors, partners, clients and supporters and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Service or any experience or incident you have when exercising or using the Service. Please take care!

If you access the Service as the Account Holder on behalf of your employer, your employer shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these terms of service by you. Otherwise, you shall personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these terms of service by you.

The Service

We do not guarantee the Service will meet your exact requirements, be available 100% of the time or be entirely bug free.

We lease servers from a third party company for hosting our Service. Regular data backups are taken and may be stored off-site in a data centre outwith the United Kingdom.

Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps Universal Acceptable Use Policy, which may be amended by Google from time to time.

Changes to Policy

We reserve the right to update these terms of service at any time and without prior notification. By continuing to use the Service after the terms of service have been changed, you agree to those changes in their entirety.

Jurisdiction

Team Challenge Apps Ltd. is based in Scotland, United Kingdom. The Service can be accessed globally, and each country has laws that may differ from those of Scotland and the United Kingdom. By accessing the Service, you agree that all matters relating to the use of the Service will governed by and construed in accordance with Scots law. Furthermore, any legal action brought by or against Team Challenge Apps Ltd. shall be brought in the courts of Scotland, United Kingdom. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

The failure of Team Challenge Apps Ltd. to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Team Challenge Apps Ltd. and govern your use of our Service, superseding any prior agreements between you and Team Challenge Apps Ltd. (including, but not limited to, any prior version of the Terms of Service).

If you have any questions or comments about these Terms of Service, you can contact us at contact@bigteamchallenge.com